Log In / Register | Feb 8, 2012

Court In The Middle

Should a franchisee who continues to operate the franchise be able to assert ‘constructive termination’?  

ShellShould a franchisee who signs a renewal ‘under protest’ and then operates within the terms of the agreement be allowed to maintain a claim for ‘constructive non-renewal’? BreakingLegalNews

The justices, in an order Monday, say they will hear arguments next year in a case involving eight Shell station operators in Massachusetts who are fighting changes in lease terms that they say were intended to convert stations run by franchisees to company-owned facilities.’

I am sure of two things here.  One ... this is way out of my league, and two, this sounds ugly.

The case turns on provisions of the 30-year-old Petroleum Marketing Practices Act. Appeals courts around the country are divided on the issue.

Docket Nos. 08-240 and 08-372

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